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Issue Info: 
  • Year: 

    2022
  • Volume: 

    14
  • Issue: 

    25
  • Pages: 

    241-266
Measures: 
  • Citations: 

    0
  • Views: 

    381
  • Downloads: 

    0
Abstract: 

To determining the relationship between logic and Contract Interpretation it could be paid attention to logic from two views: particular and general. The relationship between Interpretation and logic science in a particular meaning could be briefly studied in three realms: argumentations causing Interpretation, logical survey of literature and argumentations encompassing the logical Interpretation on Contract. In the stage of argumentations causing Interpretation a particular attention should be paid to the role of both parties’ will of a Contract in drawing the valid inference from premises that it will appear in the form of necessity of achieving one of the provisions for following conclusion of syllogism i. e. the repetition of middle term in both premises.

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Journal: 

PRIVATE LAW

Issue Info: 
  • Year: 

    2019
  • Volume: 

    7
  • Issue: 

    27
  • Pages: 

    35-63
Measures: 
  • Citations: 

    0
  • Views: 

    836
  • Downloads: 

    0
Abstract: 

In Contractual relationships, the principle is to preserve and continue Contractual relationships in order to prevent social and economic losses. This is the basis of the concept of "conversion of Contract" analysed by judges by considering the "practical result", that is, economic purposes of the parties within the framework of "social interests". Therefore, the conversion of Contract goes beyond the issue of Interpretation, since it is justified on the basis of the "socialization of law" approach. In addition, this theory is not in conflict with Islamic jurisprudence (Fiqh), because it focuses on the socialization of law at the level of "the purpose of the Contract" and does not seek to regain the basis of the validity of the Contract in the social conscience. Therefore, it has been recognised as a legal rule in Fiqh and Articles 144 and 618 of the Civil Codes of Egypt and Afghanistan. In Iranian legal system, it has not been recognized despite its practical implications. Since, the conversion of Contract has economic and social benefits and is not in conflict with Fiqh, it can be adopted in the Civil Code by putting various instances under one title.

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Issue Info: 
  • Year: 

    2010
  • Volume: 

    12
  • Issue: 

    29
  • Pages: 

    225-270
Measures: 
  • Citations: 

    0
  • Views: 

    3600
  • Downloads: 

    0
Abstract: 

Interpretation of Contract as an important topic in the Contract law in private law branch has a particular importance in different legal systems. The importance of this fact is clear to everyone in terms of implementation of Contractual obligations. Investigating the legal systems of France and England, shows that the legislative and the judicial system ever imposed in order to interpret and complete the relevant laws and reduced the practical obstacles of implementation of laws in people's private relations. Studying this issue in Iran's laws and attitudes to the laws, especially the civil laws, represents the discussion of Contract Interpretation was left from legislators' view and just sufficed some scattered examples mentioned about Contractual texts. This article attempts to explain the issue and comprising interpretative rules and principles of legal systems with scattered examples in legal texts, et up a coherent and disciplined chapter about the Interpretation of Contracts not only to remove the present default, but also to disambiguate from Contracts help the implement of its obligations.

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Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2025
  • Volume: 

    8
  • Issue: 

    24
  • Pages: 

    -
Measures: 
  • Citations: 

    0
  • Views: 

    15
  • Downloads: 

    0
Abstract: 

Contract Interpretation in the Iranian legal system, as one of the fundamental basis of Contract law, plays a vital role in understanding and correctly implementing the will of the parties. Given the complexities of legal and commercial relations, ambiguity, silence, or conflict in the provisions of Contracts can lead to serious disputes. This article examines the necessity, goals, functions, and challenges of Contract Interpretation in Iranian civil law and, by analyzing the relevant legal articles, especially Articles 220 and 224 of the Civil Code, emphasizes the importance of interpreting Contracts based on the customary meaning of words. Also, this research identifies the reasons for interpreting Contracts, including ambiguity, silence, and conflict, and examines the legislator's approach to interpreting Contracts and the principles of Interpretation in Iranian law. The results of this study show that Contract Interpretation not only helps to discover the true intentions of the Contracting parties, but also leads to maintaining public order and justice in Contractual relations. Finally, the need to establish a clear and comprehensive framework for interpreting Contracts is emphasized in order to reduce disputes and facilitate international commercial relations.

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Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2025
  • Volume: 

    8
  • Issue: 

    23
  • Pages: 

    539-554
Measures: 
  • Citations: 

    0
  • Views: 

    34
  • Downloads: 

    0
Abstract: 

Contract Interpretation, as one of the important issues of Contract law, is always of particular importance in various legal systems. Contract Interpretation is carried out when the text of the Contract is incomprehensible and ambiguous to both parties. Of course, a Contract that is formed based on the will of the parties and the will of the Contracting parties is involved in its formation. In this situation, if the terms of the Contract are ambiguous or silent, the Contract is interpreted in several ways that have been discussed, and the Contracting parties are included in the details of the Contract. Interpretation as a means of recognizing the true meaning of the provisions of the Contract and the treaty and discovering the real intention of the parties, determining the limits and obligations arising from them, and also the factor that adapts the conditions and contents of the Contract to the requirements of time and place, has been the focus of domestic courts and international judicial authorities. In this research, which has been conducted in a descriptive-analytical manner, an attempt is made to formulate coherent chapters on the Interpretation of Contracts by explaining the subject and applying interpretative rules and principles; in addition to eliminating the existing gap in this field, it also helps to implement the obligations arising from Contracts by removing ambiguity. The results of the research show that experts in this field should be used in drafting Contracts so that there is no dispute between the parties to the Contract and, in the event of a dispute, the intention of the parties at the time of concluding the Contracts can be the best understood.

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Issue Info: 
  • Year: 

    2010
  • Volume: 

    6
  • Issue: 

    19
  • Pages: 

    41-62
Measures: 
  • Citations: 

    0
  • Views: 

    3601
  • Downloads: 

    0
Abstract: 

Interpretation of Contract means to take screen of every kind of ambiguity caused by silence, implications and conflicts in terms and discovery of purpose of Contracting parties. Verbal principles are one of the Contract Interpretation principles and essentials that can be access to words of common emergence by them. In assumption of ambiguity of Contract, that, usage of real or metaphorical meaning is not clear and there isn't contextual evidence about usage of metaphorical meaning which must carry real meaning by help of the truth principle. In assumption of silence, we must pay attention to whole Contract.

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Issue Info: 
  • Year: 

    2018
  • Volume: 

    -
  • Issue: 

    58
  • Pages: 

    185-214
Measures: 
  • Citations: 

    0
  • Views: 

    366
  • Downloads: 

    0
Abstract: 

Certain substantial issues including Interpretation of Contracts have not been sufficiently touched upon in international commercial arbitration debates. Compatibility of the outcome of Interpretation with logic is a very important issue. In fact, the main question is “ could an illogical outcome of an Interpretation be considered legally valid? ” In this article, an attempt has been made to show some illogical outcomes resulting from Interpretations and to examine the international arbitrators' approach to this subject. Finally, in view of the fact that international arbitrators enjoy more freedom than domestic judges, and in light of arbitral practices, it has been concluded that arbitrators always avoid irrational outcomes resulting from an Interpretation. Therefore, it is argued that “ logic” might be used as an original criterion in international commercial arbitration to rule out irrational outcomes.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    7
  • Issue: 

    2
  • Pages: 

    55-78
Measures: 
  • Citations: 

    0
  • Views: 

    145
  • Downloads: 

    19
Abstract: 

Purpose: The science of Interpretation, as the most important science responsible for understanding the Qur'an, needs to be methodized and updated so that the teachings of the Qur'an can be used easily for all classes of people. In the present study, the meaning of "future research in Interpretation" is the ability to create desirable models for more efficient Interpretation in the future, by using scientific tools, creativity and relying on the foundations and rules of Interpretation and compensating the damages of Interpretation in the past.Method: This research, with descriptive analytical method, answers the question, what are the fields and requirements of future research in Interpretation? Findings: The results of the current research are based on the fact that special attention to the Qur'an, as the most important source of Interpretation, rationality and methodical consideration in Interpretation, attention to the prerequisites of Interpretation, Interpretation based on the requirements of the time, the need to pay attention to thematic Interpretation, studying on the history of Interpretation and observing the manners and conditions of Interpretation are one of the most important requirements of Interpretation in the future. Results: Considering the developments that will take place in the field of knowledge, methods and expectations from science in the future, the Interpretation will also change. For this reason, in order not to cause various damages to the Interpretation of the Qur'an, it is necessary to pay attention to the various contexts, principles and requirements of the Interpretation of the Qur'anic commentators and scholars.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    15
  • Issue: 

    28
  • Pages: 

    53-94
Measures: 
  • Citations: 

    0
  • Views: 

    114
  • Downloads: 

    22
Abstract: 

One of the most important issues in Contract law is the Interpretation of Contracts. The parties to the Contract may have disagreements in the meaning of the terms and phrases of the Contract. The disagreement in the contact faces an obstacle in the fulfilment of Contractual obligations and the courts must interpret the Contract in order to the settlement of disputes and fulfilment of Contractual obligations. The most important purpose of Interpretation is exploring the common intent of the parties. Textualists and contextualists both claim to discover the intent of the parties. Textualists take consider intention as the real and true intention of the parties and search for it in the context of the Contract. In contrast, contextualists consider subjective intention to be the real and genuine will of the parties to the Contract and consider the text of the Contract as an incomplete resource regardless of the context in which the Contract is formed. Exploring the real intention under the principle of freedom and principle of voluntarism is assumed as one of the most important values of legal systems in the field of Contract law in this article. Therefore, the main criterion for evaluating each of these approaches is the ability to achieve the actual intention. The contextualism approach has more ability and accuracy in exploring the real intention of the parties by using extensive evidence. Although the textualism approach is consistent with the real intention of the parties in some cases, it is not very successful in exploring the real intent of the parties due to the limitation of the cited sources. It can be said in this research by relying on descriptive-analytical method and by evaluating the rules of each of these approaches that systems that consider Contract as merely a tool to realize economic values in transactions are more inclined to textualism approach, in contrast, in systems in which the Contract itself has intrinsic value and the realization of the parties’ intentions has relevance regardless of economic values are more likely to adopt a contextualism approach. Accordingly, in the author’s opinion, ending the unfinished textualism and contextualism struggle depends on examining the value priorities of a legal system in the field of Contract law which has been neglected in the research of the last two decades.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    27
  • Issue: 

    98
  • Pages: 

    65-82
Measures: 
  • Citations: 

    0
  • Views: 

    204
  • Downloads: 

    0
Abstract: 

Hire Contract is an agreement that there is disagreement over the nature of lease Contracts. This disagreement over the judicial procedures of the Islami Engelab Courts is most evident when it comes to protest by leasing companies about confiscating cars for the carriage of drugs by tenants or other persons. So that some courts consider the nature of the Contract to be leased according to the text of the Contract or laws. Others regard the intention of the parties as well as the ownership of the tenant on the vehicle, the nature of which has been considered selling. Others, without entering into the discussion of the nature of these Contracts, have merely considered specific issues and have commented on it. However, given the different legal principles and the various laws that exist in this field and in all cases distinguishing the Contract from the sale of installments, and also in accordance with the principle of the release of Contracts, the acceptance of the nature of the lease of this Contract more adaptation with the law and the Contract.

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